Additional Duties of Fairness Flashcards
What is the general rule?
You have a duty to behave honestly in all dealings, both in and out of legal practice. Even when there are no explicit rules, you must act to promote public confidence in the integrity and efficiency of the legal profession.
What if you receive an email from opposing counsel and find an outline of their strategy, what must you do?
if you know it was sent inadvertently you must stop reading it and notify opposing counsel. You must not copy, disseminate, or use it to your advantage or you will be DQed
If a document was sent to you intentionally may you mine it for metadata?
Yes, that’s just considering disclosed material.
When you communicate with adversaries and third parties, what must you not do?
Lie or mislead them as to your interests. You must not violate the legal rights of a person to obtain evidence, or use means with no purpose but to delay, burden or embarrass them.
Can you communicate with represented entities?
Unless authorized by law or in giving a second legal opinion, you must not communicate with a “person” you know is represented on the subject of your inquiry without consent of his counsel. CA limits this to parties represented by counsel.
Can you respond to the press and public?
Yes, but you have a duty to not interfere with a defendant’s right to a fair trial. You or your agents must avoid out of court statements that you reasonably should know have a substantial likelihood of materially prejudicing the case.
Exceptions: matters in the public record, routine bookkeeping, warning the public, informing them of an investigation, and statements required to protect your client from substantial undue prejudice from recent publicity not self initiated.
Does a prosecutor have an additional duty?
Yes, not to make comments that have a substantial likelihood of heightening public condemnation of the accused.
What is the basic duty of a prosecutor?
To seek justice and not just to win cases. They have the standard of probable cause.
